TITLE 18 PUBLIC UTILITIES

Transcription

1 TITLE 18 PUBLIC UTILITIES PUBLIC UTILITIES 1

2 TITLE 18 PUBLIC UTILITIES Chapters: Protecting the Public Water System Water rates and charges Connection and use of Sanitary Sewage System Sewer rates and charges Stormwater Management Policy Department of Stormwater Management PUBLIC UTILITIES 2

3 Chapter PROTECTING THE PUBLIC WATER SYSTEM Sections: Definitions Approval by Indiana Department of Environmental Management (IDEM) for connection/cross connection methods Inspections Right of entry Discontinuance of water service for violators Notice of water emergency Reduced-pressure-principle backflow preventer device required by certain water consumers Supplementary to State of Indiana Uniform Plumbing Code Definitions. That a cross connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Town of Dale water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. (Ord , S1, 1990) Approval by Indiana Department of Environmental Management (IDEM) for connection/cross connection methods. That no persons, firm, or corporation shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary, or emergency water supply other than the regular public water supply of the Town of Dale, Indiana, may enter the supply or distribution system of said municipality, unless such private, auxiliary, or emergency water supply and the method of connection and use of such supply shall have been approved by the Town of Dale water utility and by the Indiana Department of Environmental Management in accordance with 327 IAC (Ord , S2, 1990) Inspections. That it shall be the duty of the Town of Dale water utility to cause inspections to be made of all properties served by the public water system where cross connections with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Town of Dale water utility. (Ord , S3, 1990) Right of entry. That upon presentation of credentials, the representative of the Town of Dale water utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the Town of Dale, Indiana, for cross connections. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding PUBLIC UTILITIES 3

4 the piping system or systems on such property. The refusal of access or refusal of requested pertinent information shall be deemed evidence of the presence of cross connections. (Ord , S4, 1990) Discontinuance of water service for violators. That the Town of Dale water utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this ordinance exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice is served on the owner, lessee, or occupants of the property or premises where a violation is found or suspected to exist. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this ordinance. (Ord , S5, 1990) Notice of water emergency. That, if it is deemed by the Town of Dale water utility that a cross connection or an emergency endangers public health, safety, or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk of the Town of Dale, Indiana, and delivered to the customer s premises, service may be immediately discontinued. The consumer shall have an opportunity for hearing within ten (10) days of such emergency discontinuance. (Ord , S6, 1990) Reduced-pressure-principle-backflow preventer device required by certain water consumers. That all consumers using toxic or hazardous liquids, all hospitals, mortuaries, wastewater treatment plants, laboratories, and all other hazardous users install and maintain a reduced-pressure-principle backflow preventer in the main water line serving each building on the premises. The backflow preventer must be installed in an easily accessible location not subject to flooding or freezing. (Ord , S7, 1990) Supplementary to State of Indiana Uniform Plumbing Code. That this ordinance does not supersede the State Uniform Plumbing Code, but is supplementary to it. (Ord. 1990, S8, 1990) PUBLIC UTILITIES 4

5 Chapter WATER RATES AND CHARGES Sections: Schedule of rates and charges Collection or deferred payment charge Surcharge for services rendered outside the corporate limits Discontinuance of water service Written notice of intention to discontinue service Condition of pipes, fixtures, meters Correction of reason for discontinuance, before renewal of water service Deposit Removal of water utility from the jurisdiction of the Indiana Utility Regulatory Commission Sale of water to Santa La Hill, Inc Purchase of water from St. Henry Water Corporation Schedule of rates and charges. That there shall be, and there are hereby, established for the use of and service rendered by the waterworks system of the Town of Dale, Indiana, the following rates and charges, based on the use of water supplied by said waterworks system: (1) Monthly Rate Metered Usage Per 1,000 gallons First 2,000 gallons $ Next 10,000 gallons 7.37 Next 10,000 gallons 6.94 Next 33,000 gallons 6.13 Next 55,000 gallons 5.70 (2) Gallons Minimum Charge Allowed Per Month 5/8 and 3/4 inch meter 2,000 $ inch meter 3, /2 inch meter 8, inch meter 26, inch meter 40, inch meter 67, PUBLIC UTILITIES 5

6 (3) Fire Protection Per Annum Municipal hydrants $ Private fire hydrants (4) Public Fire Protection Per Month 5/8 and 3/4 inch meter $ inch meter /2 inch meter inch meter (5) Automatic Sprinklers Per Annum 1 1/2 inch connection $ inch connection /2 inch connection inch connection inch connection inch connection inch connection (6) Private Fire Protection Inspection Per connection for each new installation $ (7) Connection charge Each user, at the time they are connected with the waterworks system, shall pay the following tap in fees. 5/8-3/4 inch meter $ inch meter /2 inch meter 1, inch meter 1, Any tap that requires a meter over 2 inches will be charged the costs of materials, labor and equipment usage as determined by the Dale Water Department, but not less than $1, (8) Bad Check Charge $ PUBLIC UTILITIES 6

7 (9) Reconnect Fee or Non Existing Customer Hydrant Connect Fee $ (Ord , S1, Sept. 8, 2015) (Ord , S1, June 7, 2010) (Ord , S1, July 22, 2008) (Ord , S1, Aug. 1, 2005) (Ord , pt. S1, Oct. 6, 1997) (Ord , pt. S1, July 5, 1993) (Ord , pt. S1, April 6, 1992) (Ord , pt. S1, March 4, 1991) (Res , Nov. 14, 1990) (Res , Mar. 5, 1990) (Res , Mar. 6, 1989) (Ord , pt. S1, Nov. 1, 1982) (Ord , pt. S1, Dec. 14, 1978) (Ord , pt. S1, Oct. 18, 1978) (Ord pt. SIII, July 11, 1972) (Ord , Mar. 6, 1972) (Ord , Mar. 6, 1972) (Ord. 98, S1a, Oct. 19, 1959) Collection or Deferred Payment Charge. All bills not paid on the due date thereof, as stated in such bills, shall be subject to a collection or deferred payment charge of ten percent (10%) on the first Three Dollars ($3.00) and three percent (3%) on the excess over Three Dollars ($3.00). (Ord , S2, Sept. 8, 2015) (Ord , S2, June 7, 2010) (Ord , S2, July 22, 2008) (Ord , S2, Aug. 1, 2005) (Ord , S2, Oct. 6, 1997) (Ord , S2, July 5, 1993) (Ord , S2, April 6, 1992) (Ord , S2, March 4, 1991) (Ord , S1, Sept. 11, 1989) (Ord , S1, Nov. 1, 1982) (Ord , S2, Dec. 14, 1978) (Ord , S2, Oct. 18, 1978) (Ord. 98, S1c, Oct. 19, 1959) Surcharge for services rendered outside the corporate limits. All users outside the corporate limits of the Town shall pay a surcharge of five percent (5%) for any service rendered or for the use of water. (Ord , S3, Sept. 8, 2015) (Ord , S3, June 7, 2010) (Ord , S3, July 22, 2008) (Ord , S3, Aug. 1, 2005) (Ord , S3, Oct. 6, 1997) (Ord , S3, July 5, 1993) Disconnection of Service. Hearing Right. Each customer of the Town s water utility is hereby granted a right to a hearing prior to disconnection of water service. Prior to disconnection of service, each customer who is delinquent shall receive Notice of the Town s intent to disconnect service, which notice shall be mailed by First Class mail to such customer s mailing address on file with the Town, which the Town determines is reasonably calculated to provide notice of this hearing right. Such notice shall be mailed and shall notify the customer of the right to a hearing before the Town Board, as follows: NOTICE OF HEARING RIGHT Any customer who has reason to believe that this disconnection notice is in error or who wishes to request an evidentiary hearing to contest the disconnection of water service must do so, in writing and delivered by certified mail, return receipt requested, or by hand delivery to the Clerk-Treasurer of the Town during regular business hours, at the Town Hall, 103 S Wallace Street, PO Box 117, Dale IN on or before the 10 th day of month following the date of delivery of this Notice. If a hearing is requested, the hearing shall be conducted at the time and location of the next regular meeting of the Town Board. (Ord , July 8, 2013) Discontinuance of water service. The Town Board is hereby authorized to discontinue water service to any water consumer or to any property, upon failure by such PUBLIC UTILITIES 7

8 water consumer or the owner of such property to pay any charges legally due such municipal corporation for sewer, water, or sewer disposal plant service to such water consumer or such property: Provided, however, That such water service shall not be discontinued for nonpayment of such sewer, water or sewage disposal plant service, until such charges shall have been due and unpaid for at least thirty (30) days. (Ord , S1, July 11, 1972) (Ord , March 6, 1972) Written notice of intention to discontinue service. Prior to discontinuance of such water service pursuant to Section , of this Chapter, the Town of Dale, shall give written notice to such water consumer or the owner of such property of its intention to discontinue such water service if such unpaid sewer, water or sewage disposal plant service charges are not paid on or before a date to be specified in such notice. Such written notice shall be given by regular United States Mail posted not less than ten (10) days prior to the date upon which such water service is to be discontinued and shall be addressed to such water consumer, or such property owner at last known address. (Ord , SII, July 11, 1972) Condition of pipes, fixtures, meters. That service shall furthermore be discontinued from the water consumer or property owner for the willful waste of water through improper or imperfect pipes, fixtures, meters, or otherwise; and for the failure to protect the connections, service lines, or fixtures in good order. (Ord , pt. SIII, July 11, 1972) (Ord , March 6, 1972) Correction of reason for discontinuance of water service. That when service has been discontinued, it will be renewed under a proper application, when conditions under which the service was suspended are corrected, and on the payment of all charges in arrears. (Ord , pt. SIII, July 11, 1972) (Ord , March 6, 1972) Deposit. Whenever an application is made by a person who is not the owner of the premises to be supplied, collect a deposit of One Hundred Dollars ($100.00) for water services and One Hundred Dollar ($100.00) for wastewater treatment services which shall be used as required by the Town to offset any and all delinquencies by the applicant. Said deposit payment shall only be accepted if made in the form of cash, certified check, cashier s check or money order. (Res , March 5, 1990) (Res , Mar. 6, 1989) (Ord , pt. III, July 11, 1972) (Ord , March 6, 1972) Removal of water utility from the jurisdiction of the Indiana Utility Regulatory Commission. That the Town shall hereby remove itself from the jurisdiction of the Indiana Utility Regulatory Commission for the approval of rates and charges and of the issuance of stocks, bonds, notes or other evidence of indebtedness for its water works system. (Ord , S1, Sept. 11, 1989) Sale of water to Santa La Hill, Inc. (1) RATES AND CHARGES The water utility of the Town of Dale enter into a contract with Santa La Hill, Inc. for the sale of, not to exceed 52,000 gallons of water per day, for the consideration and payment of a sum equal PUBLIC UTILITIES 8

9 to thirty-one cents ($0.31) per thousand gallons, to be metered by equipment owned by the Santa La Hill, Inc. The meter to be read on the first calendar day of each month and billing to be made to the corporation not later than the fifth (5 th ) day of the month, and payment therefor to be made by the corporation not later than the tenth (10 th ) day of the month. (Ord. 105, S5, Jan. 4, 1965) (2) TERM OF WATER CONTRACT That the term of the contract shall be for a term of forty (40) years, which may thereafter be extended or renewed by mutual consent at the will of the parties. That the contract provide that the schedule of rates to be paid by the corporation are subject to revaluation and reestablishment at the end of every five (5) year period by mutual consent of the parities thereto. (Ord. 105, S6, Jan. 4, 1965) (3) EXECUTION OF CONTRACT That the proper officers of the Board of Trustees of the Town of Dale, Indiana, are hereby authorized to execute any and all contracts or other written instruments as may be necessary to make such contract of the sale of water to Santa La Hill, Inc., and to execute any and all petitions to or publish such rates as may be required by the rules and regulations of the Public Service Commission of Indiana. (Ord. 105, S7, Jan. 4, 1965) (4) INDIANA PUBLIC SERVICE COMMISSION CONSENT That proper consent of the Public Service Commission of the State of Indiana be procured for said contractual sale of water to Santa La Hill, Inc., in accordance with statutes of the State of Indiana (Burns ). (Ord. 105, S8, Jan, 4, 1965) Purchase of water from St. Henry Water Corporation. That the Town of Dale, Spencer County, Indiana, enter into the Contract with St. Henry Water Corporation, said Contract being entitled Water Purchase Contract, which said Contract is marked Exhibit A, and that President of said Board of Trustees and the Clerk-Treasurer of the Town of Dale, Indiana, are hereby instructed and directed to execute said Contract with St. Henry Water Corporation, agreeing to make payment of the connection fee in the sum of $218, and to purchase water from said Corporation for a period of forty (40) years under the terms and conditions set out in said Contract. (Ord , S1, August 24, 1978) PUBLIC UTILITIES 9

10 Chapter CONNECTION AND USE OF SANITARY SEWAGE SYSTEM Sections: Definitions Unlawful to deposit objectionable wastes in an unsanitary manner Private sewage disposal system Connection to sewer system Discharges to sanitary sewer prohibited Pretreatment of industrial wastes Pretreatment plans and specifications Disposal of unpolluted water Industrial cooling water Wastewater data Determination of strength of wastewater Grease, oil, and sand interceptor Unusual flows Applicability of State and Federal requirements Damage violation Only authorized employees can enter public and private properties Penalty for violation of Sections (2) and (3) as well as Section (8) Penalty for violation of ordinance except provisions covered under Section More Stringent Standards Severability Right to appeal Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance (Chapter) shall be as follows: (1) "Ammonia" (or NH3) shall mean all nitrogen in water, wastewater or other liquid waste present in the form of ammonia (NH3) or other ammonium ion (NY4+). (2) "Biochemical oxygen demand" (or BOD) shall mean the quantity of oxygen expressed in mg/l utilized in the biochemical oxidation of organic matter under standard laboratory procedures with nitrification inhibition in five (5) days at 20 degrees C. (3) "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three (3) feet outside the building wall. PUBLIC UTILITIES 10

11 Building drain Sanitary - A building drain which conveys sanitary or industrial sewage only. Building drain Storm - A building drain which conveys storm water or other clearwater drainage, but no wastewater. (4) "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. (Also called house connection.) Building sewer - Sanitary - A building sewer which conveys sanitary or industrial sewage only. Building sewer Storm - A building sewer which conveys stormwater or other clear water drainage, but no sanitary or industrial sewage. (5) "Compatible pollutant" shall mean biochemical oxygen demand, suspended solids, ph, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include: A. chemical oxygen demand, B. total organic carbon, C. phosphorus and phosphorus compounds, D. nitrogen and nitrogen compounds, and E. fats, oils, and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works). (6) "Easement" shall mean an acquired legal right for the specific use of land owned by others. (7) "Fecal coliform" shall mean any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution. (8) "Floatable oil" shall mean, oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Town. PUBLIC UTILITIES 11

12 (9) "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. (10) "Incompatible pollutant" shall mean any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids. (11) "Industrial wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from employee wastes or wastes from sanitary conveniences. (12) "Infiltration" shall mean the water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. (Infiltration does not include and is distinguished from inflow.) (13) "Infiltration/Inflow" shall mean the total quantity of water from both infiltration and inflow without distinguishing the source. (14) "Inflow" shall mean the water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, catch basins, storm waters, surface run-off, street wash waters or drainage. (Inflow does not include, and is distinguished from, infiltration.) (15) "Inspector" shall mean the person or persons duly authorized by the Town, through its Town Council, to inspect and approve the installation of building sewers and their connection to the public sewer system. (16) "Major contributing industry" shall mean an industry that: A. has a flow of 50,000 gallons or more per average work day; or B. has a flow greater than 5% of the flow carried by the municipal system receiving the waste; or C. has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307 (a) of PL ; or D. has a significant impact, either singly or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works. PUBLIC UTILITIES 12

13 (17) "NPDES Permit" shall mean a permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of PL (18) "Natural Outlet" shall mean any outlet, including storm sewers into a watercourse, pond, ditch, lake, or other body of surface or groundwater. (19) "Normal domestic sewage" shall have the same meaning as defined in the Sewage Rate Ordinance. (20) ph" shall mean the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. (21) "Person" shall mean any individual, firm, company, association, society, corporation, group or other entity. (22) "Pretreatment" shall mean the treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works. (23) "Private sewer" shall mean a sewer which is not owned by a public authority. (24) "Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension. (25) "Public sewer" shall mean a sewer which is owned and controlled by the public authority and will consist of the following increments: Collector sewer shall mean a sewer whose primary purpose is to collect wastewaters from individual point source discharges. Interceptor sewer shall mean a sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility. Force main shall mean a pipe in which wastewater is carried under pressure. Pumping station shall mean a station positioned in the public sewer system at which wastewater is pumped to a higher level. (26) "Sanitary sewer" shall mean a sewer which carries sanitary and industrial wastes, and to which storm, surface, and ground water are not intentionally admitted. (27) "Sewage" shall mean the combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, PUBLIC UTILITIES 13

14 (including polluted cooling water). The three most common types of sewage are: Sanitary sewage shall mean the combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities. Industrial sewage shall mean a combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water). (28) "Sewage works" shall mean the structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids. (29) "Sewer" shall mean a pipe or conduit for carrying sewage. (30) Shall" is mandatory; "May is permissive. (31) "Slug" shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than ten (10) minutes more than three (3) times the average 24 hours concentration of flows during normal operation and shall adversely affect the collection system. (32) "Standard methods" shall mean the laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, The American Water Works Association and the Water Pollution Control Federation. (33) "Storm sewer" shall mean a sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted. (34) "Superintendent" shall mean the Superintendent of the municipal sewage works of the Town of Dale, Indiana, or his authorized deputy, agent or representative. (35) "Suspended solids" shall mean solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids and which are removable by laboratory filtering under standard laboratory procedure. (36) Total solids" shall mean the sum of suspended and dissolved solids. (37) "Toxic amount" shall mean concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological PUBLIC UTILITIES 14

15 manifestations, as defined in standards issued pursuant to Section 307 (a) of PL (38) "Unpolluted water" is water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. (39) "Volatile organic matter" shall mean the material in the sewage solids transformed to gases or vapors when heated at 55 degrees C for 15 to 20 minutes. (40) "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently. (Ord , S1, Jan. 5, 2015) (Ord , S1, Sept. 6, 1988) (Ord. 103, S1, March 2, 1964) Unlawful to deposit objectionable wastes in an unsanitary manner. (1) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property with the Town or in any area under the jurisdiction of said Town any human or animal excrement, garbage, or other objectionable waste. (2) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, stormwaters, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water, or unpolluted industrial process water. (3) Stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the Town. No new connection shall be made to any sanitary sewer unless there is capacity available in all downstream sewers, lift stations, force mains, and the sewage treatment plant including capacity for BOD and suspended solids. (4) No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the Town any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this ordinance and the NPDES Permit. (5) No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this ordinance and the NPDES Permit. PUBLIC UTILITIES 15

16 (6) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (7) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley, or right-of-way in which there is now located a public sanitary sewer of the Town is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within sixty (60) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line. (Ord , S2, Jan. 5, 2015) (Ord , S2, Sept. 6, 1988) (Ord. 103, S2, March 2, 1964) Private sewage disposal system. (1) Where a public sanitary sewer is not available under the provisions of Section (7), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (2) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. A permit and inspection fee of Twenty-five dollars ($25.00) shall be paid to the Town at the time the application is filed. (3) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Superintendent. (4) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Board of Health and Indiana Department of Environmental Management. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than twenty thousand (20,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (5) At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Section (4), a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. PUBLIC UTILITIES 16

17 (6) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town. (7) When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (8) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. (Ord , S3, Jan. 5, 2015) (Ord , S3, Sept. 6, 1988) (Ord. 103, S3, March 2, 1964) Connection to sewer system. (1) No unauthorized person shall uncover, make any connections with or opening into, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk-Treasurer. (2) There shall be two (2) classes of building sewer permits: A. for residential and commercial service, and B. for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the said Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Inspector. A permit and inspection fees of Fifteen dollars ($15.00) for a residential or commercial building sewer permit and Twenty-five dollars ($25.00) for an industrial building sewer permit shall be paid to the Clerk-Treasurer at the time the application is filed. (3) All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (4) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (5) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the said Inspector, to meet all requirements of this ordinance. PUBLIC UTILITIES 17

18 (6) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. FD-5 shall apply. (7) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (8) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface run-off or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (9) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. FD- 5. All such connections and materials must be approved by the Superintendent before installations. (10) The applicant for the building sewer permit shall notify the said Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the said Inspector or his representative. (11) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the said Town. (Ord , S4, Jan. 5, 2015) (Ord , S4, Sept. 6, 1988) (Ord. 103, S4 & S5, March 2, 1964) Discharges to sanitary sewer prohibited. (1) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. PUBLIC UTILITIES 18

19 B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the sewage treatment plant. C. Any waters or wastes having a ph lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works or interfere with any treatment process. D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders. E. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction of such discharge to the receiving waters. F. Any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations. G. Any waters or wastes having ph in excess of 9.5. H. Materials which exert or cause: 1. Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). 2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). 3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; or 4. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein. PUBLIC UTILITIES 19

20 I. Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. J. A pollutant from any source of nondomestic wastewaters that could pass through or cause interference with the operation or performance of the sewage treatment works. K. A pollutant that could create a fire or explosion hazard in the sewage treatment works, including waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods in 40 CFR L. A pollutant that could cause corrosive structural damage to the sewage treatment works, including a discharge with ph lower than 5.0. M. A solid or viscous pollutant in an amount that could cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment works. N. A pollutant, including an oxygen demanding pollutant (such as biochemical oxygen demand) released in a discharge at a flow rate or pollutant concentration that could cause interference in the sewage treatment works. O. Heat in an amount that could: 1. Inhibit biological activity in the sewage treatment works and result in interference or damage to the sewage treatment works; or 2. Exceed 104 degrees Fahrenheit (40 degrees Celsius) at the sewage treatment works plant unless the commissioner, upon request of the sewage treatment works, approves alternate temperature limits. P. Petroleum, oil, non-biodegradable cutting oil, or products of mineral oil origin in an amount that could cause interference or pass through. Q. A pollutant that could result in the presence of toxic gases, vapors, or fumes within the sewage treatment works in a quantity that may cause acute worker health and safety problems. R. A trucked or hauled pollutant, except: PUBLIC UTILITIES 20

21 1. With the permission of the sewage treatment works; and 2. When introduced to the sewage treatment works at a discharge point designed by the sewage treatment works. S. Any and all other waste, pollutant, or restrictions placed upon any NPDES permits issued to the Town of Dale, Indiana for its sewage treatment works. (Ord , S5A, Jan. 5, 2015) (Ord , S5a, Sept. 6, 1988) (Ord. 103 S5c, S5f, March 2, 1964) (2) If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section (1) of this Chapter, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: A. Require new industries (or other large users) or industries (or other large users) with significant increase in discharges to submit information on wastewater quantities characteristics and obtain prior approval for discharges. B. Immediately reject the wastes in whole or in part for any reason deemed appropriate by the Town. C. Require pretreatment of such wastes to within the limits of normal sewage as defined. D. Require control or flow equalization of such wastes so as to avoid any "slug" loads or excessive loads that may be harmful to the treatment works, or E. Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws. (Ord , S5B, Jan. 5, 2015) (Ord , S5b, Sept. 6, 1988) (3) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord , S5C, Jan. 5, 2015) (Ord , S5c, Sept. 6, 1988) (Ord. 103, S5g, March 2, 1964) PUBLIC UTILITIES 21

22 (4) When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained so as to be safe and accessible at all times. Agents of the Town, the State Water Pollution Control Agencies, and the U.S. Environmental Protection Agency shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing. (Ord , S5D, Jan. 5, 2015) (Ord , S5d, Sept. 6, 1988) (Ord. 103, S5h, March 2, 1964) (5) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standards Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole, except for applications for NPDES permits and report thereof which shall be conducted in accordance with rules and regulations adopted by the USEPA (40 CFR Part 136). In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD, suspended solids and NH3 analyses are obtained from twenty-four (24) hour composites of all outfalls whereas ph s are determined from periodic grab samples. (Ord , S5E, Jan. 5, 2015) Ord , S5e, Sept. 6, 1988) (Ord. 103, S5i, March 2, 1964) (6) No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefore, by the industrial concern, at such rates as are compatible with the rate ordinance. (Ord , S5F, Jan. 5, 2015) (Ord , S5f, Sept. 6, 1988) (Ord. 103, S5j, March 2, 1964) Pretreatment of industrial wastes. Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the Rules and Regulations adopted by the United States Environmental PUBLIC UTILITIES 22

23 Protection Agency (USEPA) (40 CFR Part 403), and "Guidelines Establishing Test Procedures for Analysis of Pollutants" (40 CFR Part 136), in addition to any more stringent requirements established by the Town and any subsequent State or Federal Guidelines and Rules and Regulations. (Ord , S6, Jan. 5, 2015) (Ord , S6, Sept. 6, 1988) Pretreatment plans and specifications. Plans, specifications, and any other pertinent information relating to pretreatment or control facilities shall be submitted for approval of the Town and no construction of such facilities shall be commenced until approval in writing, is granted. Where such facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his expense and shall be subject to periodic inspection by the Town to determine that such facilities are being operated in conformance with applicable Federal, State and local laws and permits. The owner shall maintain operating records and shall submit to the Town a monthly summary report of the character of the influent and effluent to show the performance of the treatment facilities and for comparison against Town monitoring records. (Ord , S7, Jan. 5, 2015) (Ord , S7, Sept. 6, 1988) Disposal of unpolluted water. Unpolluted water from air conditioners, cooling, condensing systems or swimming pools, shall be discharged to a storm sewer, where it is available. Where a storm sewer is not available, discharge may be to a natural outlet approved by the Town and by the State of Indiana. Where a storm sewer, or natural sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the Town. (Ord , S8, Jan. 5, 2015) (Ord , S8, Sept. 6, 1988) Industrial cooling water. Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with the above Section. (Ord , S9, Jan. 5, 2015) (Ord , S9, Sept. 6, 1988) (Ord. 103, S5b, March 2, 1964) Wastewater data. The Town may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flows and characteristics. Such measurements, tests, and analysis shall be made at the users' expense. If made by the Town, an appropriate charge may be assessed to the user at the option of the Town. (Ord , S10, Jan. 5, 2015) (Ord , S10, Sept. 6, 1988) Determination of strength of wastewater. The strength of wastewaters shall be determined, for periodic establishment of charges provided for in the Rate Ordinance, from samples taken at the aforementioned structure at any period of time and of such duration and in such manner as the Town may elect, or, at any place mutually agreed upon between the user and the Town. Appropriate charges for sampling and analysis may be assessed to the user at the option of the Town. The results of routine sampling and analysis by the user may also be used, for determination of charges after verification by the Town. (Ord , S11, Jan. 5, 2015) (Ord , S11, Sept. 6, 1988) Grease, oil, and sand interceptors. Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the Town they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that such interceptors or traps will not be PUBLIC UTILITIES 23